Florida Senate - 2009 SB 320
By Senator Crist
12-00016A-09 2009320__
1 A bill to be entitled
2 An act relating to sexual offenders and predators;
3 creating s. 856.022, F.S.; prohibiting loitering or
4 prowling by certain offenders within a specified
5 distance of places where children regularly
6 congregate; providing exceptions; providing penalties;
7 amending s. 775.21, F.S.; revising and providing
8 definitions; revising provisions relating to reporting
9 requirements for sexual predators in transient status;
10 amending s. 943.0435, F.S.; revising provisions
11 relating to reporting requirements for sexual
12 offenders in transient status; amending s. 943.04352,
13 F.S.; requiring search in an additional specified sex
14 offender registry for information regarding sexual
15 predators and sexual offenders when an offender is
16 placed on misdemeanor probation; amending s. 944.606,
17 F.S.; revising address reporting requirements for
18 sexual offenders; amending s. 944.607, F.S.; requiring
19 additional registration information from sex offenders
20 under the supervision of the Department of Corrections
21 but not incarcerated; amending s. 947.1405, F.S.;
22 revising provisions relating to polygraph examinations
23 of specified conditional releasees who have committed
24 specified sexual offenses; providing additional
25 restrictions for certain conditional releasees who
26 committed sexual offenses with minors under the age of
27 16 or who have been designated as sexual predators or
28 received similar designations or determinations in
29 another jurisdiction; amending s. 948.30, F.S.;
30 revising provisions relating to polygraph examinations
31 of specified probationers or community controllees who
32 have committed specified sexual offenses; providing
33 additional restrictions for certain probationers or
34 community controllees who committed sexual offenses
35 with minors under the age of 16 or who have been
36 designated as sexual predators or received similar
37 designations or determinations in another
38 jurisdiction; amending s. 948.31, F.S.; deleting a
39 requirement for diagnosis of certain sexual predators
40 and sexual offenders on community control; revising
41 provisions relating to treatment for such offenders
42 and predators; amending s. 985.481, F.S.; providing
43 additional address reporting requirements for sexual
44 offenders adjudicated delinquent; amending s.
45 985.4815, F.S.; providing transient and temporary
46 residence reporting requirements for sexual offenders
47 adjudicated delinquent; providing an effective date.
48
49 Be It Enacted by the Legislature of the State of Florida:
50
51 Section 1. Section 856.022, Florida Statutes, is created to
52 read:
53 856.022 Loitering or prowling by certain offenders in close
54 proximity to children; penalty.—
55 (1) As used in this section, the term “loiter or prowl”
56 shall have the same meaning as in s. 856.021.
57 (2) This section applies to an offender convicted of
58 committing, or attempting, soliciting, or conspiring to commit,
59 any of the criminal offenses proscribed in the following
60 statutes in this state or similar offenses in another
61 jurisdiction: s. 787.01, s. 787.02, or s. 787.025(2)(c), where
62 the victim is a minor and the offender was not the victim's
63 parent or guardian; s. 794.011, excluding s. 794.011(10); s.
64 794.05; s. 796.03; s. 796.035; s. 800.04; s. 825.1025; s.
65 827.071; s. 847.0133; s. 847.0135, excluding s. 847.0135(4); s.
66 847.0137; s. 847.0138; s. 847.0145; or s. 985.701(1); or any
67 similar offense committed in this state that has been
68 redesignated from a former statute number to one of those listed
69 in this subsection, provided the offender has not received a
70 pardon for any felony or similar law of another jurisdiction
71 that is necessary for the operation of this subsection and a
72 conviction of a felony or similar law of another jurisdiction
73 necessary to the operation of this subsection has not been set
74 aside in any postconviction proceeding.
75 (3) If an offender as provided in subsection (2) committed
76 one or more of his or her qualifying offenses against a victim
77 who was under the age of 18 at the time of the offense, it is
78 unlawful for the offender to:
79 (a) Loiter or prowl within 300 feet of a place where
80 children regularly congregate, including, but not limited to, a
81 school, day care center, playground, or park without a
82 justifiable reason or purpose;
83 (b) Knowingly approach, contact, or communicate with a
84 child under 18 years of age in any public park building or on
85 real property comprising any public park or playground unless
86 the offender is a parent or guardian of a person under 18 years
87 of age who is also present within close proximity in the
88 building or on the grounds; or
89 (c)1.a. Knowingly be present in any child care facility or
90 pre-K through 12 school or on real property comprising any child
91 care facility or pre-K through 12 school when the child care
92 facility or school is in operation unless the offender has
93 provided written notification of his or her intent to be present
94 to the school board, superintendent, principal, or child care
95 facility owner. The offender is responsible for notifying the
96 child care facility owner or the principal's office when he or
97 she arrives and departs the child care facility or school. If
98 the offender is to be present in the vicinity of children, the
99 offender has the duty to remain under direct supervision of a
100 child care facility or school official or designated chaperone.
101 b. The offender is not in violation of this section if:
102 (I) The child care facility or school is a voting location
103 and the offender is present for the purpose of voting during the
104 hours designated for voting; or
105 (II) The offender is only dropping off or picking up his or
106 her own children or grandchildren at the child care facility or
107 school.
108 2. As used in this paragraph, the term “school official”
109 means a principal, school resource officer, teacher, or any
110 other certified employee of the school, the superintendent of
111 schools, a member of the school board, a child care facility
112 owner, or a child care provider.
113 (4) Any person who violates this section commits a
114 misdemeanor of the first degree, punishable as provided in s.
115 775.082 or s. 775.083.
116 Section 2. Paragraph (g) of subsection (2), paragraph (c)
117 of subsection (4), paragraph (a) of subsection (5), paragraphs
118 (a), (f), (g), (i), and (j) of subsection (6), paragraph (a) of
119 subsection (7), and paragraph (a) of subsection (8) of section
120 775.21, Florida Statutes, are amended, and paragraph (l) is
121 added to subsection (2) of that section, to read:
122 775.21 The Florida Sexual Predators Act.—
123 (2) DEFINITIONS.—As used in this section, the term:
124 (g) “Temporary residence” means a place where the person
125 abides, lodges, or resides, including, but not limited to,
126 vacation, business, or personal travel destinations in or out of
127 this state, for a period of 5 or more days in the aggregate
128 during any calendar year and which is not the person's permanent
129 address or, for a person whose permanent residence is not in
130 this state, a place where the person is employed, practices a
131 vocation, or is enrolled as a student for any period of time in
132 this state.
133 (l) “Transient residence” means a place or county where a
134 person lives, remains, or is located for a period of 5 or more
135 days in the aggregate during a calendar year and which is not
136 the person's permanent or temporary address. The term may
137 include, but is not limited to, a place where the person sleeps
138 or seeks shelter and a location that has no specific street
139 address.
140 (4) SEXUAL PREDATOR CRITERIA.—
141 (c) If an offender has been registered as a sexual predator
142 by the Department of Corrections, the department, or any other
143 law enforcement agency and if:
144 1. The court did not, for whatever reason, make a written
145 finding at the time of sentencing that the offender was a sexual
146 predator; or
147 2. The offender was administratively registered as a sexual
148 predator because the Department of Corrections, the department,
149 or any other law enforcement agency obtained information that
150 indicated that the offender met the criteria for designation as
151 a sexual predator based on a violation of a similar law in
152 another jurisdiction,
153 the department shall remove that offender from the department's
154 list of sexual predators and, for an offender described under
155 subparagraph 1., shall notify the state attorney who prosecuted
156 the offense that met the criteria for administrative designation
157 as a sexual predator, and, for an offender described under this
158 paragraph, shall notify the state attorney of the county where
159 the offender establishes or maintains a permanent, or temporary,
160 or transient residence. The state attorney shall bring the
161 matter to the court's attention in order to establish that the
162 offender meets the criteria for designation as a sexual
163 predator. If the court makes a written finding that the offender
164 is a sexual predator, the offender must be designated as a
165 sexual predator, must register or be registered as a sexual
166 predator with the department as provided in subsection (6), and
167 is subject to the community and public notification as provided
168 in subsection (7). If the court does not make a written finding
169 that the offender is a sexual predator, the offender may not be
170 designated as a sexual predator with respect to that offense and
171 is not required to register or be registered as a sexual
172 predator with the department.
173 (5) SEXUAL PREDATOR DESIGNATION.—An offender is designated
174 as a sexual predator as follows:
175 (a)1. An offender who meets the sexual predator criteria
176 described in paragraph (4)(d) is a sexual predator, and the
177 court shall make a written finding at the time such offender is
178 determined to be a sexually violent predator under chapter 394
179 that such person meets the criteria for designation as a sexual
180 predator for purposes of this section. The clerk shall transmit
181 a copy of the order containing the written finding to the
182 department within 48 hours after the entry of the order;
183 2. An offender who meets the sexual predator criteria
184 described in paragraph (4)(a) who is before the court for
185 sentencing for a current offense committed on or after October
186 1, 1993, is a sexual predator, and the sentencing court must
187 make a written finding at the time of sentencing that the
188 offender is a sexual predator, and the clerk of the court shall
189 transmit a copy of the order containing the written finding to
190 the department within 48 hours after the entry of the order; or
191 3. If the Department of Corrections, the department, or any
192 other law enforcement agency obtains information which indicates
193 that an offender who establishes or maintains a permanent, or
194 temporary, or transient residence in this state meets the sexual
195 predator criteria described in paragraph (4)(a) or paragraph
196 (4)(d) because the offender was civilly committed or committed a
197 similar violation in another jurisdiction on or after October 1,
198 1993, the Department of Corrections, the department, or the law
199 enforcement agency shall notify the state attorney of the county
200 where the offender establishes or maintains a permanent, or
201 temporary, or transient residence of the offender's presence in
202 the community. The state attorney shall file a petition with the
203 criminal division of the circuit court for the purpose of
204 holding a hearing to determine if the offender's criminal record
205 or record of civil commitment from another jurisdiction meets
206 the sexual predator criteria. If the court finds that the
207 offender meets the sexual predator criteria because the offender
208 has violated a similar law or similar laws in another
209 jurisdiction, the court shall make a written finding that the
210 offender is a sexual predator.
211 When the court makes a written finding that an offender is a
212 sexual predator, the court shall inform the sexual predator of
213 the registration and community and public notification
214 requirements described in this section. Within 48 hours after
215 the court designating an offender as a sexual predator, the
216 clerk of the circuit court shall transmit a copy of the court's
217 written sexual predator finding to the department. If the
218 offender is sentenced to a term of imprisonment or supervision,
219 a copy of the court's written sexual predator finding must be
220 submitted to the Department of Corrections.
221 (6) REGISTRATION.—
222 (a) A sexual predator must register with the department
223 through the sheriff's office by providing the following
224 information to the department:
225 1. Name, social security number, age, race, sex, date of
226 birth, height, weight, hair and eye color, photograph, address
227 of legal residence and address of any current temporary
228 residence, within the state or out of state, including a rural
229 route address and a post office box, if no permanent or
230 temporary address, any transient residence within the state,
231 address, location, or description and dates of any current or
232 known future temporary residence within the state or out of
233 state, any electronic mail address and any instant message name
234 required to be provided pursuant to subparagraph (g)4., date and
235 place of any employment, date and place of each conviction,
236 fingerprints, and a brief description of the crime or crimes
237 committed by the offender. A post office box shall not be
238 provided in lieu of a physical residential address.
239 a. If the sexual predator's place of residence is a motor
240 vehicle, trailer, mobile home, or manufactured home, as defined
241 in chapter 320, the sexual predator shall also provide to the
242 department written notice of the vehicle identification number;
243 the license tag number; the registration number; and a
244 description, including color scheme, of the motor vehicle,
245 trailer, mobile home, or manufactured home. If a sexual
246 predator's place of residence is a vessel, live-aboard vessel,
247 or houseboat, as defined in chapter 327, the sexual predator
248 shall also provide to the department written notice of the hull
249 identification number; the manufacturer's serial number; the
250 name of the vessel, live-aboard vessel, or houseboat; the
251 registration number; and a description, including color scheme,
252 of the vessel, live-aboard vessel, or houseboat.
253 b. If the sexual predator is enrolled, employed, or
254 carrying on a vocation at an institution of higher education in
255 this state, the sexual predator shall also provide to the
256 department the name, address, and county of each institution,
257 including each campus attended, and the sexual predator's
258 enrollment or employment status. Each change in enrollment or
259 employment status shall be reported in person at the sheriff's
260 office, or the Department of Corrections if the sexual predator
261 is in the custody or control of or under the supervision of the
262 Department of Corrections, within 48 hours after any change in
263 status. The sheriff or the Department of Corrections shall
264 promptly notify each institution of the sexual predator's
265 presence and any change in the sexual predator's enrollment or
266 employment status.
267 2. Any other information determined necessary by the
268 department, including criminal and corrections records;
269 nonprivileged personnel and treatment records; and evidentiary
270 genetic markers when available.
271 (f) Within 48 hours after the registration required under
272 paragraph (a) or paragraph (e), a sexual predator who is not
273 incarcerated and who resides in the community, including a
274 sexual predator under the supervision of the Department of
275 Corrections, shall register in person at a driver's license
276 office of the Department of Highway Safety and Motor Vehicles
277 and shall present proof of registration. At the driver's license
278 office the sexual predator shall:
279 1. If otherwise qualified, secure a Florida driver's
280 license, renew a Florida driver's license, or secure an
281 identification card. The sexual predator shall identify himself
282 or herself as a sexual predator who is required to comply with
283 this section, provide his or her place of permanent, or
284 temporary, or transient residence, including a rural route
285 address and a post office box, and submit to the taking of a
286 photograph for use in issuing a driver's license, renewed
287 license, or identification card, and for use by the department
288 in maintaining current records of sexual predators. A post
289 office box shall not be provided in lieu of a physical
290 residential address. If the sexual predator's place of residence
291 is a motor vehicle, trailer, mobile home, or manufactured home,
292 as defined in chapter 320, the sexual predator shall also
293 provide to the Department of Highway Safety and Motor Vehicles
294 the vehicle identification number; the license tag number; the
295 registration number; and a description, including color scheme,
296 of the motor vehicle, trailer, mobile home, or manufactured
297 home. If a sexual predator's place of residence is a vessel,
298 live-aboard vessel, or houseboat, as defined in chapter 327, the
299 sexual predator shall also provide to the Department of Highway
300 Safety and Motor Vehicles the hull identification number; the
301 manufacturer's serial number; the name of the vessel, live
302 aboard vessel, or houseboat; the registration number; and a
303 description, including color scheme, of the vessel, live-aboard
304 vessel, or houseboat.
305 2. Pay the costs assessed by the Department of Highway
306 Safety and Motor Vehicles for issuing or renewing a driver's
307 license or identification card as required by this section. The
308 driver's license or identification card issued to the sexual
309 predator must be in compliance with s. 322.141(3).
310 3. Provide, upon request, any additional information
311 necessary to confirm the identity of the sexual predator,
312 including a set of fingerprints.
313 (g)1. Each time a sexual predator's driver's license or
314 identification card is subject to renewal, and, without regard
315 to the status of the predator's driver's license or
316 identification card, within 48 hours after any change of the
317 predator's residence or change in the predator's name by reason
318 of marriage or other legal process, the predator shall report in
319 person to a driver's license office and shall be subject to the
320 requirements specified in paragraph (f). The Department of
321 Highway Safety and Motor Vehicles shall forward to the
322 department and to the Department of Corrections all photographs
323 and information provided by sexual predators. Notwithstanding
324 the restrictions set forth in s. 322.142, the Department of
325 Highway Safety and Motor Vehicles is authorized to release a
326 reproduction of a color-photograph or digital-image license to
327 the Department of Law Enforcement for purposes of public
328 notification of sexual predators as provided in this section.
329 2. A sexual predator who vacates a permanent or temporary
330 residence and fails to establish or maintain another permanent
331 or temporary residence shall, within 48 hours after vacating the
332 permanent or temporary residence, report in person to the
333 sheriff's office of the county in which he or she is located.
334 The sexual predator shall specify the date upon which he or she
335 intends to or did vacate such residence. The sexual predator
336 must provide or update all of the registration information
337 required under paragraph (a). The sexual predator must provide
338 an address for the residence or other place location that he or
339 she is or will be located occupying during the time in which he
340 or she fails to establish or maintain a permanent or temporary
341 residence.
342 3. A sexual predator who remains at a permanent or
343 temporary residence after reporting his or her intent to vacate
344 such residence shall, within 48 hours after the date upon which
345 the predator indicated he or she would or did vacate such
346 residence, report in person to the sheriff's office to which he
347 or she reported pursuant to subparagraph 2. for the purpose of
348 reporting his or her address at such residence. When the sheriff
349 receives the report, the sheriff shall promptly convey the
350 information to the department. An offender who makes a report as
351 required under subparagraph 2. but fails to make a report as
352 required under this subparagraph commits a felony of the second
353 degree, punishable as provided in s. 775.082, s. 775.083, or s.
354 775.084.
355 4. A sexual predator must register any electronic mail
356 address or instant message name with the department prior to
357 using such electronic mail address or instant message name on or
358 after October 1, 2007. The department shall establish an online
359 system through which sexual predators may securely access and
360 update all electronic mail address and instant message name
361 information.
362 (i) A sexual predator who intends to establish a permanent,
363 temporary, or transient residence in another state or
364 jurisdiction other than the State of Florida shall report in
365 person to the sheriff of the county of current residence within
366 48 hours before the date he or she intends to leave this state
367 to establish residence in another state or jurisdiction. The
368 sexual predator must provide to the sheriff the address,
369 municipality, county, and state of intended residence. The
370 sheriff shall promptly provide to the department the information
371 received from the sexual predator. The department shall notify
372 the statewide law enforcement agency, or a comparable agency, in
373 the intended state or jurisdiction of residence of the sexual
374 predator's intended residence. The failure of a sexual predator
375 to provide his or her intended place of residence is punishable
376 as provided in subsection (10).
377 (j) A sexual predator who indicates his or her intent to
378 reside or establish a temporary or transient residence in
379 another state or jurisdiction other than the State of Florida
380 and later decides to remain in this state shall, within 48 hours
381 after the date upon which the sexual predator indicated he or
382 she would leave this state, report in person to the sheriff to
383 which the sexual predator reported the intended change of
384 residence, and report his or her intent to remain in this state.
385 If the sheriff is notified by the sexual predator that he or she
386 intends to remain in this state, the sheriff shall promptly
387 report this information to the department. A sexual predator who
388 reports his or her intent to reside or establish a temporary or
389 transient residence in another state or jurisdiction, but who
390 remains in this state without reporting to the sheriff in the
391 manner required by this paragraph, commits a felony of the
392 second degree, punishable as provided in s. 775.082, s. 775.083,
393 or s. 775.084.
394 (7) COMMUNITY AND PUBLIC NOTIFICATION.—
395 (a) Law enforcement agencies must inform members of the
396 community and the public of a sexual predator's presence. Upon
397 notification of the presence of a sexual predator, the sheriff
398 of the county or the chief of police of the municipality where
399 the sexual predator establishes or maintains a permanent or
400 temporary residence shall notify members of the community and
401 the public of the presence of the sexual predator in a manner
402 deemed appropriate by the sheriff or the chief of police. Within
403 48 hours after receiving notification of the presence of a
404 sexual predator, the sheriff of the county or the chief of
405 police of the municipality where the sexual predator temporarily
406 or permanently resides shall notify each licensed day care
407 center, elementary school, middle school, and high school within
408 a 1-mile radius of the temporary or permanent residence of the
409 sexual predator of the presence of the sexual predator.
410 Information provided to members of the community and the public
411 regarding a sexual predator must include:
412 1. The name of the sexual predator;
413 2. A description of the sexual predator, including a
414 photograph;
415 3. The sexual predator's current permanent, temporary, and
416 transient addresses, and descriptions of registered locations
417 that have no specific street address, including the name of the
418 county or municipality if known;
419 4. The circumstances of the sexual predator's offense or
420 offenses; and
421 5. Whether the victim of the sexual predator's offense or
422 offenses was, at the time of the offense, a minor or an adult.
423 This paragraph does not authorize the release of the name of any
424 victim of the sexual predator.
425 (8) VERIFICATION.—The department and the Department of
426 Corrections shall implement a system for verifying the addresses
427 of sexual predators. The system must be consistent with the
428 provisions of the federal Adam Walsh Child Protection and Safety
429 Act of 2006 and any other federal standards applicable to such
430 verification or required to be met as a condition for the
431 receipt of federal funds by the state. The Department of
432 Corrections shall verify the addresses of sexual predators who
433 are not incarcerated but who reside in the community under the
434 supervision of the Department of Corrections and shall report to
435 the department any failure by a sexual predator to comply with
436 registration requirements. County and local law enforcement
437 agencies, in conjunction with the department, shall verify the
438 addresses of sexual predators who are not under the care,
439 custody, control, or supervision of the Department of
440 Corrections. Local law enforcement agencies shall report to the
441 department any failure by a sexual predator to comply with
442 registration requirements.
443 (a) A sexual predator must report in person each year
444 during the month of the sexual predator's birthday and during
445 every third month thereafter to the sheriff's office in the
446 county in which he or she resides or is otherwise located to
447 reregister. The sheriff's office may determine the appropriate
448 times and days for reporting by the sexual predator, which shall
449 be consistent with the reporting requirements of this paragraph.
450 Reregistration shall include any changes to the following
451 information:
452 1. Name; social security number; age; race; sex; date of
453 birth; height; weight; hair and eye color; address of any
454 permanent residence and address of any current temporary
455 residence, within the state or out of state, including a rural
456 route address and a post office box; if no permanent or
457 temporary address, any transient residence within the state;
458 address, location, or description and dates of any current or
459 known future temporary residence within the state or out of
460 state; any electronic mail address and any instant message name
461 required to be provided pursuant to subparagraph (6)(g)4.; date
462 and place of any employment; vehicle make, model, color, and
463 license tag number; fingerprints; and photograph. A post office
464 box shall not be provided in lieu of a physical residential
465 address.
466 2. If the sexual predator is enrolled, employed, or
467 carrying on a vocation at an institution of higher education in
468 this state, the sexual predator shall also provide to the
469 department the name, address, and county of each institution,
470 including each campus attended, and the sexual predator's
471 enrollment or employment status.
472 3. If the sexual predator's place of residence is a motor
473 vehicle, trailer, mobile home, or manufactured home, as defined
474 in chapter 320, the sexual predator shall also provide the
475 vehicle identification number; the license tag number; the
476 registration number; and a description, including color scheme,
477 of the motor vehicle, trailer, mobile home, or manufactured
478 home. If the sexual predator's place of residence is a vessel,
479 live-aboard vessel, or houseboat, as defined in chapter 327, the
480 sexual predator shall also provide the hull identification
481 number; the manufacturer's serial number; the name of the
482 vessel, live-aboard vessel, or houseboat; the registration
483 number; and a description, including color scheme, of the
484 vessel, live-aboard vessel, or houseboat.
485 Section 3. Paragraph (c) of subsection (1), subsection (2),
486 paragraphs (a), (b), and (c) of subsection (4), subsections (7),
487 (8), and (10), and paragraph (c) of subsection (14) of section
488 943.0435, Florida Statutes, are amended to read:
489 943.0435 Sexual offenders required to register with the
490 department; penalty.—
491 (1) As used in this section, the term:
492 (c) “Permanent residence,” and “temporary residence,” and
493 “transient residence” have the same meaning ascribed in s.
494 775.21.
495 (2) A sexual offender shall:
496 (a) Report in person at the sheriff's office:
497 1. In the county in which the offender establishes or
498 maintains a permanent, or temporary, or transient residence
499 within 48 hours after:
500 a. Establishing permanent or temporary residence in this
501 state or attaining transient status; or
502 b. Being released from the custody, control, or supervision
503 of the Department of Corrections or from the custody of a
504 private correctional facility; or
505 2. In the county where he or she was convicted within 48
506 hours after being convicted for a qualifying offense for
507 registration under this section if the offender is not in the
508 custody or control of, or under the supervision of, the
509 Department of Corrections, or is not in the custody of a private
510 correctional facility.
511 Any change in the information required to be provided pursuant
512 to paragraph (b), including, but not limited to, any change in
513 the sexual offender's permanent, or temporary, or transient
514 residence, name, any electronic mail address, and any instant
515 message name required to be provided pursuant to paragraph
516 (4)(d), after the sexual offender reports in person at the
517 sheriff's office, shall be accomplished in the manner provided
518 in subsections (4), (7), and (8).
519 (b) Provide his or her name, date of birth, social security
520 number, race, sex, height, weight, hair and eye color, tattoos
521 or other identifying marks, occupation and place of employment,
522 address of permanent or legal residence or address of any
523 current temporary residence, within the state and out of state,
524 including a rural route address and a post office box, if no
525 permanent or temporary address, any transient residence within
526 the state, address, location, or description and dates of any
527 current or known future temporary residence within the state or
528 out of state, any electronic mail address and any instant
529 message name required to be provided pursuant to paragraph
530 (4)(d), date and place of each conviction, and a brief
531 description of the crime or crimes committed by the offender. A
532 post office box shall not be provided in lieu of a physical
533 residential address.
534 1. If the sexual offender's place of residence is a motor
535 vehicle, trailer, mobile home, or manufactured home, as defined
536 in chapter 320, the sexual offender shall also provide to the
537 department through the sheriff's office written notice of the
538 vehicle identification number; the license tag number; the
539 registration number; and a description, including color scheme,
540 of the motor vehicle, trailer, mobile home, or manufactured
541 home. If the sexual offender's place of residence is a vessel,
542 live-aboard vessel, or houseboat, as defined in chapter 327, the
543 sexual offender shall also provide to the department written
544 notice of the hull identification number; the manufacturer's
545 serial number; the name of the vessel, live-aboard vessel, or
546 houseboat; the registration number; and a description, including
547 color scheme, of the vessel, live-aboard vessel, or houseboat.
548 2. If the sexual offender is enrolled, employed, or
549 carrying on a vocation at an institution of higher education in
550 this state, the sexual offender shall also provide to the
551 department through the sheriff's office the name, address, and
552 county of each institution, including each campus attended, and
553 the sexual offender's enrollment or employment status. Each
554 change in enrollment or employment status shall be reported in
555 person at the sheriff's office, within 48 hours after any change
556 in status. The sheriff shall promptly notify each institution of
557 the sexual offender's presence and any change in the sexual
558 offender's enrollment or employment status.
559 When a sexual offender reports at the sheriff's office, the
560 sheriff shall take a photograph and a set of fingerprints of the
561 offender and forward the photographs and fingerprints to the
562 department, along with the information provided by the sexual
563 offender. The sheriff shall promptly provide to the department
564 the information received from the sexual offender.
565 (4)(a) Each time a sexual offender's driver's license or
566 identification card is subject to renewal, and, without regard
567 to the status of the offender's driver's license or
568 identification card, within 48 hours after any change in the
569 offender's permanent, or temporary, or transient residence or
570 change in the offender's name by reason of marriage or other
571 legal process, the offender shall report in person to a driver's
572 license office, and shall be subject to the requirements
573 specified in subsection (3). The Department of Highway Safety
574 and Motor Vehicles shall forward to the department all
575 photographs and information provided by sexual offenders.
576 Notwithstanding the restrictions set forth in s. 322.142, the
577 Department of Highway Safety and Motor Vehicles is authorized to
578 release a reproduction of a color-photograph or digital-image
579 license to the Department of Law Enforcement for purposes of
580 public notification of sexual offenders as provided in this
581 section and ss. 943.043 and 944.606.
582 (b) A sexual offender who vacates a permanent or temporary
583 residence and fails to establish or maintain another permanent
584 or temporary residence shall, within 48 hours after vacating the
585 permanent residence, report in person to the sheriff's office of
586 the county in which he or she is located. The sexual offender
587 shall specify the date upon which he or she intends to or did
588 vacate such residence. The sexual offender must provide or
589 update all of the registration information required under
590 paragraph (2)(b). The sexual offender must provide an address
591 for the residence or other place location that he or she is or
592 will be located occupying during the time in which he or she
593 fails to establish or maintain a permanent or temporary
594 residence.
595 (c) A sexual offender who remains at a permanent or
596 temporary residence after reporting his or her intent to vacate
597 such residence shall, within 48 hours after the date upon which
598 the offender indicated he or she would or did vacate such
599 residence, report in person to the agency to which he or she
600 reported pursuant to paragraph (b) for the purpose of reporting
601 his or her address at such residence. When the sheriff receives
602 the report, the sheriff shall promptly convey the information to
603 the department. An offender who makes a report as required under
604 paragraph (b) but fails to make a report as required under this
605 paragraph commits a felony of the second degree, punishable as
606 provided in s. 775.082, s. 775.083, or s. 775.084.
607 (7) A sexual offender who intends to establish a permanent,
608 temporary, or transient residence in another state or
609 jurisdiction other than the State of Florida shall report in
610 person to the sheriff of the county of current residence within
611 48 hours before the date he or she intends to leave this state
612 to establish residence in another state or jurisdiction. The
613 notification must include the address, municipality, county, and
614 state of intended residence. The sheriff shall promptly provide
615 to the department the information received from the sexual
616 offender. The department shall notify the statewide law
617 enforcement agency, or a comparable agency, in the intended
618 state or jurisdiction of residence of the sexual offender's
619 intended residence. The failure of a sexual offender to provide
620 his or her intended place of residence is punishable as provided
621 in subsection (9).
622 (8) A sexual offender who indicates his or her intent to
623 reside or establish a temporary or transient residence in
624 another state or jurisdiction other than the State of Florida
625 and later decides to remain in this state shall, within 48 hours
626 after the date upon which the sexual offender indicated he or
627 she would leave this state, report in person to the sheriff to
628 which the sexual offender reported the intended change of
629 temporary or transient residence, and report his or her intent
630 to remain in this state. The sheriff shall promptly report this
631 information to the department. A sexual offender who reports his
632 or her intent to reside or establish a temporary or transient
633 residence in another state or jurisdiction but who remains in
634 this state without reporting to the sheriff in the manner
635 required by this subsection commits a felony of the second
636 degree, punishable as provided in s. 775.082, s. 775.083, or s.
637 775.084.
638 (10) The department, the Department of Highway Safety and
639 Motor Vehicles, the Department of Corrections, the Department of
640 Juvenile Justice, any law enforcement agency in this state, and
641 the personnel of those departments; an elected or appointed
642 official, public employee, or school administrator; or an
643 employee, agency, or any individual or entity acting at the
644 request or upon the direction of any law enforcement agency is
645 immune from civil liability for damages for good faith
646 compliance with the requirements of this section or for the
647 release of information under this section, and shall be presumed
648 to have acted in good faith in compiling, recording, reporting,
649 or releasing the information. The presumption of good faith is
650 not overcome if a technical or clerical error is made by the
651 department, the Department of Highway Safety and Motor Vehicles,
652 the Department of Corrections, the Department of Juvenile
653 Justice, the personnel of those departments, or any individual
654 or entity acting at the request or upon the direction of any of
655 those departments in compiling or providing information, or if
656 information is incomplete or incorrect because a sexual offender
657 fails to report or falsely reports his or her current place of
658 permanent, or temporary, or transient residence.
659 (14)
660 (c) The sheriff's office may determine the appropriate
661 times and days for reporting by the sexual offender, which shall
662 be consistent with the reporting requirements of this
663 subsection. Reregistration shall include any changes to the
664 following information:
665 1. Name; social security number; age; race; sex; date of
666 birth; height; weight; hair and eye color; address of any
667 permanent residence and address of any current temporary
668 residence, within the state or out of state, including a rural
669 route address and a post office box; if no permanent or
670 temporary address, any transient residence within the state;
671 address, location, or description and dates of any current or
672 known future temporary residence within the state or out of
673 state; any electronic mail address and any instant message name
674 required to be provided pursuant to paragraph (4)(d); date and
675 place of any employment; vehicle make, model, color, and license
676 tag number; fingerprints; and photograph. A post office box
677 shall not be provided in lieu of a physical residential address.
678 2. If the sexual offender is enrolled, employed, or
679 carrying on a vocation at an institution of higher education in
680 this state, the sexual offender shall also provide to the
681 department the name, address, and county of each institution,
682 including each campus attended, and the sexual offender's
683 enrollment or employment status.
684 3. If the sexual offender's place of residence is a motor
685 vehicle, trailer, mobile home, or manufactured home, as defined
686 in chapter 320, the sexual offender shall also provide the
687 vehicle identification number; the license tag number; the
688 registration number; and a description, including color scheme,
689 of the motor vehicle, trailer, mobile home, or manufactured
690 home. If the sexual offender's place of residence is a vessel,
691 live-aboard vessel, or houseboat, as defined in chapter 327, the
692 sexual offender shall also provide the hull identification
693 number; the manufacturer's serial number; the name of the
694 vessel, live-aboard vessel, or houseboat; the registration
695 number; and a description, including color scheme, of the
696 vessel, live-aboard vessel or houseboat.
697 4. Any sexual offender who fails to report in person as
698 required at the sheriff's office, or who fails to respond to any
699 address verification correspondence from the department within 3
700 weeks of the date of the correspondence or who fails to report
701 electronic mail addresses or instant message names, commits a
702 felony of the third degree, punishable as provided in s.
703 775.082, s. 775.083, or s. 775.084.
704 Section 4. Section 943.04352, Florida Statutes, is amended
705 to read:
706 943.04352 Search of registration information regarding
707 sexual predators and sexual offenders required when placement on
708 misdemeanor probation.—When the court places a defendant on
709 misdemeanor probation pursuant to ss. 948.01 and 948.15, the
710 public or private entity providing probation services must
711 conduct a search of the probationer's name or other identifying
712 information against the registration information regarding
713 sexual predators and sexual offenders maintained by the
714 Department of Law Enforcement under s. 943.043. The probation
715 services provider may conduct the search using the Internet site
716 maintained by the Department of Law Enforcement. Also, a
717 national search must be conducted through the National Sex
718 Offender Registry maintained by the United States Department of
719 Justice.
720 Section 5. Paragraph (a) of subsection (3) of section
721 944.606, Florida Statutes, is amended to read:
722 944.606 Sexual offenders; notification upon release.—
723 (3)(a) The department must provide information regarding
724 any sexual offender who is being released after serving a period
725 of incarceration for any offense, as follows:
726 1. The department must provide: the sexual offender's name,
727 any change in the offender's name by reason of marriage or other
728 legal process, and any alias, if known; the correctional
729 facility from which the sexual offender is released; the sexual
730 offender's social security number, race, sex, date of birth,
731 height, weight, and hair and eye color; address of any planned
732 permanent residence or temporary residence, within the state or
733 out of state, including a rural route address and a post office
734 box; if no permanent or temporary address, any transient
735 residence within the state; address, location, or description
736 and dates of any known future temporary residence within the
737 state or out of state; date and county of sentence and each
738 crime for which the offender was sentenced; a copy of the
739 offender's fingerprints and a digitized photograph taken within
740 60 days before release; the date of release of the sexual
741 offender; any electronic mail address and any instant message
742 name required to be provided pursuant to s. 943.0435(4)(d); and
743 the offender's intended residence address, if known. The
744 department shall notify the Department of Law Enforcement if the
745 sexual offender escapes, absconds, or dies. If the sexual
746 offender is in the custody of a private correctional facility,
747 the facility shall take the digitized photograph of the sexual
748 offender within 60 days before the sexual offender's release and
749 provide this photograph to the Department of Corrections and
750 also place it in the sexual offender's file. If the sexual
751 offender is in the custody of a local jail, the custodian of the
752 local jail shall register the offender within 3 business days
753 after intake of the offender for any reason and upon release,
754 and shall notify the Department of Law Enforcement of the sexual
755 offender's release and provide to the Department of Law
756 Enforcement the information specified in this paragraph and any
757 information specified in subparagraph 2. that the Department of
758 Law Enforcement requests.
759 2. The department may provide any other information deemed
760 necessary, including criminal and corrections records,
761 nonprivileged personnel and treatment records, when available.
762 Section 6. Subsections (4) and (6) and paragraph (c) of
763 subsection (13) of section 944.607, Florida Statutes, are
764 amended to read:
765 944.607 Notification to Department of Law Enforcement of
766 information on sexual offenders.—
767 (4) A sexual offender, as described in this section, who is
768 under the supervision of the Department of Corrections but is
769 not incarcerated must register with the Department of
770 Corrections within 3 business days after sentencing for a
771 registrable registerable offense and otherwise provide
772 information as required by this subsection.
773 (a) The sexual offender shall provide his or her name; date
774 of birth; social security number; race; sex; height; weight;
775 hair and eye color; tattoos or other identifying marks; any
776 electronic mail address and any instant message name required to
777 be provided pursuant to s. 943.0435(4)(d); and permanent or
778 legal residence and address of temporary residence within the
779 state or out of state while the sexual offender is under
780 supervision in this state, including any rural route address or
781 post office box; if no permanent or temporary address, any
782 transient residence within the state; address, location, or
783 description and dates of any current or known future temporary
784 residence within the state or out of state. The Department of
785 Corrections shall verify the address of each sexual offender in
786 the manner described in ss. 775.21 and 943.0435. The department
787 shall report to the Department of Law Enforcement any failure by
788 a sexual predator or sexual offender to comply with registration
789 requirements.
790 (b) If the sexual offender is enrolled, employed, or
791 carrying on a vocation at an institution of higher education in
792 this state, the sexual offender shall provide the name, address,
793 and county of each institution, including each campus attended,
794 and the sexual offender's enrollment or employment status. Each
795 change in enrollment or employment status shall be reported to
796 the department within 48 hours after the change in status. The
797 Department of Corrections shall promptly notify each institution
798 of the sexual offender's presence and any change in the sexual
799 offender's enrollment or employment status.
800 (6) The information provided to the Department of Law
801 Enforcement must include:
802 (a) The information obtained from the sexual offender under
803 subsection (4);
804 (b) The sexual offender's most current address and place of
805 permanent and temporary residence within the state or out of
806 state or transient residence, and address, location, or
807 description and dates of any current or known future temporary
808 residence within the state or out of state, while the sexual
809 offender is under supervision in this state, including the name
810 of the county or municipality in which the offender permanently,
811 or temporarily, or transiently resides, and address, location,
812 or description and dates of any current or known future
813 temporary residence within the state or out of state, and, if
814 known, the intended place of permanent or temporary residence or
815 transient residence, and address, location, or description and
816 dates of any current or known future temporary residence within
817 the state or out of state upon satisfaction of all sanctions;
818 (c) The legal status of the sexual offender and the
819 scheduled termination date of that legal status;
820 (d) The location of, and local telephone number for, any
821 Department of Corrections' office that is responsible for
822 supervising the sexual offender;
823 (e) An indication of whether the victim of the offense that
824 resulted in the offender's status as a sexual offender was a
825 minor;
826 (f) The offense or offenses at conviction which resulted in
827 the determination of the offender's status as a sex offender;
828 and
829 (g) A digitized photograph of the sexual offender which
830 must have been taken within 60 days before the offender is
831 released from the custody of the department or a private
832 correctional facility by expiration of sentence under s. 944.275
833 or must have been taken by January 1, 1998, or within 60 days
834 after the onset of the department's supervision of any sexual
835 offender who is on probation, community control, conditional
836 release, parole, provisional release, or control release or who
837 is supervised by the department under the Interstate Compact
838 Agreement for Probationers and Parolees. If the sexual offender
839 is in the custody of a private correctional facility, the
840 facility shall take a digitized photograph of the sexual
841 offender within the time period provided in this paragraph and
842 shall provide the photograph to the department.
843 If any information provided by the department changes during the
844 time the sexual offender is under the department's control,
845 custody, or supervision, including any change in the offender's
846 name by reason of marriage or other legal process, the
847 department shall, in a timely manner, update the information and
848 provide it to the Department of Law Enforcement in the manner
849 prescribed in subsection (2).
850 (13)
851 (c) The sheriff's office may determine the appropriate
852 times and days for reporting by the sexual offender, which shall
853 be consistent with the reporting requirements of this
854 subsection. Reregistration shall include any changes to the
855 following information:
856 1. Name; social security number; age; race; sex; date of
857 birth; height; weight; hair and eye color; address of any
858 permanent residence and address of any current temporary
859 residence, within the state or out of state, including a rural
860 route address and a post office box; if no permanent or
861 temporary address, any transient residence; address, location,
862 or description and dates of any current or known future
863 temporary residence both within the state and out of state; any
864 electronic mail address and any instant message name required to
865 be provided pursuant to s. 943.0435(4)(d); date and place of any
866 employment; vehicle make, model, color, and license tag number;
867 fingerprints; and photograph. A post office box shall not be
868 provided in lieu of a physical residential address.
869 2. If the sexual offender is enrolled, employed, or
870 carrying on a vocation at an institution of higher education in
871 this state, the sexual offender shall also provide to the
872 department the name, address, and county of each institution,
873 including each campus attended, and the sexual offender's
874 enrollment or employment status.
875 3. If the sexual offender's place of residence is a motor
876 vehicle, trailer, mobile home, or manufactured home, as defined
877 in chapter 320, the sexual offender shall also provide the
878 vehicle identification number; the license tag number; the
879 registration number; and a description, including color scheme,
880 of the motor vehicle, trailer, mobile home, or manufactured
881 home. If the sexual offender's place of residence is a vessel,
882 live-aboard vessel, or houseboat, as defined in chapter 327, the
883 sexual offender shall also provide the hull identification
884 number; the manufacturer's serial number; the name of the
885 vessel, live-aboard vessel, or houseboat; the registration
886 number; and a description, including color scheme, of the
887 vessel, live-aboard vessel or houseboat.
888 4. Any sexual offender who fails to report in person as
889 required at the sheriff's office, or who fails to respond to any
890 address verification correspondence from the department within 3
891 weeks of the date of the correspondence, or who fails to report
892 electronic mail addresses or instant message names, commits a
893 felony of the third degree, punishable as provided in s.
894 775.082, s. 775.083, or s. 775.084.
895 Section 7. Paragraph (b) of subsection (7) of section
896 947.1405, Florida Statutes, is amended, and subsection (12) is
897 added to that section, to read:
898 947.1405 Conditional release program.—
899 (7)
900 (b) For a releasee whose crime was committed on or after
901 October 1, 1997, in violation of chapter 794, s. 800.04, s.
902 827.071, s. 847.0135(5), or s. 847.0145, and who is subject to
903 conditional release supervision, in addition to any other
904 provision of this subsection, the commission shall impose the
905 following additional conditions of conditional release
906 supervision:
907 1. As part of a treatment program, participation in a
908 minimum of one annual polygraph examination to obtain
909 information necessary for risk management and treatment and to
910 reduce the sex offender's denial mechanisms. The polygraph
911 examination must be conducted by a polygrapher trained
912 specifically in the use of the polygraph for the monitoring of
913 sex offenders who has been authorized by the department and
914 approved by the commission, where available, and at the expense
915 of the releasee sex offender. The results of the polygraph
916 examination shall be provided to the releasee's probation
917 officer and therapist and shall not be used as evidence in a
918 hearing to prove that a violation of supervision has occurred.
919 2. Maintenance of a driving log and a prohibition against
920 driving a motor vehicle alone without the prior approval of the
921 supervising officer.
922 3. A prohibition against obtaining or using a post office
923 box without the prior approval of the supervising officer.
924 4. If there was sexual contact, a submission to, at the
925 releasee's probationer's or community controllee's expense, an
926 HIV test with the results to be released to the victim or the
927 victim's parent or guardian.
928 5. Electronic monitoring of any form when ordered by the
929 commission.
930 (12)(a) For a releasee whose crime was committed on or
931 after July 1, 2009, the commission must, in addition to all
932 other provisions of this section, impose the special conditions
933 in paragraph (b) on the following releasees:
934 1. A releasee whose crime was committed on or after July 1,
935 2009, in violation of s. 800.04(4), (5), or (6); s. 827.071; or
936 s. 847.0145 in this state or a similar offense in another
937 jurisdiction when, at the time of the offense, the victim was
938 under 16 years of age and the releasee was 18 years of age or
939 older.
940 2. A releasee who is designated as a sexual predator under
941 s. 775.21 or who has received a similar designation or
942 determination in another jurisdiction.
943 3. A releasee subject to registration as a sexual predator
944 under s. 775.21 or as a sexual offender under s. 943.0435 who
945 has committed an offense that would meet the criteria for the
946 designation or registration when at the time of the offense the
947 victim was under 16 years of age and the releasee was 18 years
948 of age or older, who commits a violation of s. 775.21 or s.
949 943.0435 on or after July 1, 2009, and who is not otherwise
950 subject to this paragraph.
951 (b) The commission must order:
952 1. A prohibition on visiting areas where children regularly
953 congregate, including, but not limited to, schools, day care
954 centers, parks, and playgrounds. The commission may also
955 designate additional locations to protect a victim. The
956 prohibition ordered under this subparagraph does not prohibit
957 the releasee's attendance at religious services as defined in s.
958 775.0861.
959 2. A prohibition on participation in holiday events where
960 children are present without prior approval from the commission,
961 including, but not limited to, distributing candy or other items
962 to children on Halloween, entertaining at children's parties, or
963 wearing a costume to appeal to children. Such costumes include,
964 but are not limited to, a Santa Claus costume, an Easter Bunny
965 costume, or a clown costume.
966 Section 8. Paragraph (a) of subsection (2) of section
967 948.30, Florida Statutes, is amended, and subsection (4) is
968 added to that section, to read:
969 948.30 Additional terms and conditions of probation or
970 community control for certain sex offenses.—Conditions imposed
971 pursuant to this section do not require oral pronouncement at
972 the time of sentencing and shall be considered standard
973 conditions of probation or community control for offenders
974 specified in this section.
975 (2) Effective for a probationer or community controllee
976 whose crime was committed on or after October 1, 1997, and who
977 is placed on community control or sex offender probation for a
978 violation of chapter 794, s. 800.04, s. 827.071, s. 847.0135(5),
979 or s. 847.0145, in addition to any other provision of this
980 section, the court must impose the following conditions of
981 probation or community control:
982 (a) As part of a treatment program, participation at least
983 annually in polygraph examinations to obtain information
984 necessary for risk management and treatment and to reduce the
985 sex offender's denial mechanisms. A polygraph examination must
986 be conducted by a polygrapher trained specifically in the use of
987 the polygraph for the monitoring of sex offenders who has been
988 authorized by the department and approved by the court, where
989 available, and shall be paid for by the probationer or community
990 controllee sex offender. The results of the polygraph
991 examination shall be provided to the probationer's or community
992 controllee's probation officer and therapist and shall not be
993 used as evidence in court to prove that a violation of community
994 supervision has occurred.
995 (4)(a) The court must, in addition to all other provisions
996 of this section, impose the special conditions in paragraph (b)
997 on the following probationers or community controllees whose
998 crime was committed on or after July 1, 2009:
999 1. A probationer or community controllee who violated s.
1000 800.04(4), (5), or (6); s. 827.071; or s. 847.0145 in this state
1001 or committed a similar offense in another jurisdiction when, at
1002 the time of the offense, the victim was under 16 years of age
1003 and the probationer or community controllee was 18 years of age
1004 or older.
1005 2. A probationer or community controllee who is designated
1006 as a sexual predator under s. 775.21 or who has received a
1007 similar designation or determination in another jurisdiction.
1008 3. A probationer or community controllee subject to
1009 registration as a sexual predator under s. 775.21 or as a sexual
1010 offender pursuant to s. 943.0435 who has committed an offense
1011 that would meet the criteria for the designation or registration
1012 when at the time of the offense the victim was under 16 years of
1013 age and the probationer or community controllee was 18 years of
1014 age or older, who commits a violation of s. 775.21 or s.
1015 943.0435 on or after July 1, 2009, and who is not otherwise
1016 subject to this paragraph.
1017 (b) The court must order:
1018 1. A prohibition on visiting areas where children regularly
1019 congregate, including, but not limited to, schools, day care
1020 centers, parks, and playgrounds. The court may also designate
1021 additional locations to protect the victim. The prohibition
1022 ordered under this subparagraph does not prohibit the
1023 probationer or community controllee's attendance at religious
1024 services as defined in s. 775.0861.
1025 2. A prohibition on participation in holiday events where
1026 children are present without prior approval from the court,
1027 including, but not limited to, distributing candy or other items
1028 to children on Halloween, entertaining at children's parties, or
1029 wearing a costume to appeal to children. Such costumes include,
1030 but are not limited to, a Santa Claus costume, an Easter Bunny
1031 costume, or a clown costume.
1032 Section 9. Section 948.31, Florida Statutes, is amended to
1033 read:
1034 948.31 Diagnosis, Evaluation, and treatment of sexual
1035 predators and offenders placed on probation or community control
1036 for certain sex offenses or child exploitation.—The court shall
1037 require an a diagnosis and evaluation to determine the need of a
1038 probationer or community controllee offender in community
1039 control for treatment. If the court determines that a need
1040 therefor is established by the such diagnosis and evaluation
1041 process, the court shall require sexual offender treatment
1042 outpatient counseling as a term or condition of probation or
1043 community control for any person who meets the criteria to be
1044 designated as a sexual predator under s. 775.21 or to be subject
1045 to registration as a sexual offender under s. 943.0435. was
1046 found guilty of any of the following, or whose plea of guilty or
1047 nolo contendere to any of the following was accepted by the
1048 court:
1049 (1) Lewd or lascivious battery, lewd or lascivious
1050 molestation, lewd or lascivious conduct, or lewd or lascivious
1051 exhibition, as defined in s. 800.04 or s. 847.0135(5).
1052 (2) Sexual battery, as defined in chapter 794, against a
1053 child.
1054 (3) Exploitation of a child as provided in s. 450.151, or
1055 for prostitution.
1056 Such treatment counseling shall be required to be obtained from
1057 a qualified practitioner specifically trained to treat sex
1058 offenders. The court shall impose a restriction against contact
1059 with minors if sexual offender treatment is recommended a
1060 community mental health center, a recognized social service
1061 agency providing mental health services, or a private mental
1062 health professional or through other professional counseling.
1063 The evaluation and recommendations plan for treatment of
1064 counseling for the probationer or community controllee
1065 individual shall be provided to the court for review.
1066 Section 10. Paragraph (a) of subsection (3) of section
1067 985.481, Florida Statutes, is amended to read:
1068 985.481 Sexual offenders adjudicated delinquent;
1069 notification upon release.—
1070 (3)(a) The department must provide information regarding
1071 any sexual offender who is being released after serving a period
1072 of residential commitment under the department for any offense,
1073 as follows:
1074 1. The department must provide the sexual offender's name,
1075 any change in the offender's name by reason of marriage or other
1076 legal process, and any alias, if known; the correctional
1077 facility from which the sexual offender is released; the sexual
1078 offender's social security number, race, sex, date of birth,
1079 height, weight, and hair and eye color; address of any planned
1080 permanent residence or temporary residence, within the state or
1081 out of state, including a rural route address and a post office
1082 box; if no permanent or temporary address, any transient
1083 residence within the state; address, location, or description
1084 and dates of any known future temporary residence within the
1085 state or out of state; date and county of disposition and each
1086 crime for which there was a disposition; a copy of the
1087 offender's fingerprints and a digitized photograph taken within
1088 60 days before release; the date of release of the sexual
1089 offender; and the offender's intended residence address, if
1090 known. The department shall notify the Department of Law
1091 Enforcement if the sexual offender escapes, absconds, or dies.
1092 If the sexual offender is in the custody of a private
1093 correctional facility, the facility shall take the digitized
1094 photograph of the sexual offender within 60 days before the
1095 sexual offender's release and also place it in the sexual
1096 offender's file. If the sexual offender is in the custody of a
1097 local jail, the custodian of the local jail shall register the
1098 offender within 3 business days after intake of the offender for
1099 any reason and upon release, and shall notify the Department of
1100 Law Enforcement of the sexual offender's release and provide to
1101 the Department of Law Enforcement the information specified in
1102 this subparagraph and any information specified in subparagraph
1103 2. which the Department of Law Enforcement requests.
1104 2. The department may provide any other information
1105 considered necessary, including criminal and delinquency
1106 records, when available.
1107 Section 11. Paragraph (a) of subsection (4), paragraph (a)
1108 of subsection (6), and paragraph (b) of subsection (13) of
1109 section 985.4815, Florida Statutes, are amended to read:
1110 985.4815 Notification to Department of Law Enforcement of
1111 information on juvenile sexual offenders.—
1112 (4) A sexual offender, as described in this section, who is
1113 under the supervision of the department but who is not committed
1114 must register with the department within 3 business days after
1115 adjudication and disposition for a registrable offense and
1116 otherwise provide information as required by this subsection.
1117 (a) The sexual offender shall provide his or her name; date
1118 of birth; social security number; race; sex; height; weight;
1119 hair and eye color; tattoos or other identifying marks; and
1120 permanent or legal residence and address of temporary residence
1121 within the state or out of state while the sexual offender is in
1122 the care or custody or under the jurisdiction or supervision of
1123 the department in this state, including any rural route address
1124 or post office box, if no permanent or temporary address, any
1125 transient residence; address, location, or description and dates
1126 of any current or known future temporary residence within the
1127 state or out of state, and the name and address of each school
1128 attended. The department shall verify the address of each sexual
1129 offender and shall report to the Department of Law Enforcement
1130 any failure by a sexual offender to comply with registration
1131 requirements.
1132 (6)(a) The information provided to the Department of Law
1133 Enforcement must include the following:
1134 1. The information obtained from the sexual offender under
1135 subsection (4).
1136 2. The sexual offender's most current address and place of
1137 permanent or temporary residence within the state or out of
1138 state or transient residence; and address, location, or
1139 description and dates of any current or known future temporary
1140 residence within the state or out of state while the sexual
1141 offender is in the care or custody or under the jurisdiction or
1142 supervision of the department in this state, including the name
1143 of the county or municipality in which the offender permanently,
1144 or temporarily, or transiently resides; and address, location,
1145 or description and dates of any current or known future
1146 temporary residence within the state or out of state; and, if
1147 known, the intended place of permanent or temporary residence or
1148 transient residence; and address, location, or description and
1149 dates of any current or known future temporary residence within
1150 the state or out of state upon satisfaction of all sanctions.
1151 3. The legal status of the sexual offender and the
1152 scheduled termination date of that legal status.
1153 4. The location of, and local telephone number for, any
1154 department office that is responsible for supervising the sexual
1155 offender.
1156 5. An indication of whether the victim of the offense that
1157 resulted in the offender's status as a sexual offender was a
1158 minor.
1159 6. The offense or offenses at adjudication and disposition
1160 that resulted in the determination of the offender's status as a
1161 sex offender.
1162 7. A digitized photograph of the sexual offender, which
1163 must have been taken within 60 days before the offender was
1164 released from the custody of the department or a private
1165 correctional facility by expiration of sentence under s.
1166 944.275, or within 60 days after the onset of the department's
1167 supervision of any sexual offender who is on probation,
1168 postcommitment probation, residential commitment, nonresidential
1169 commitment, licensed child-caring commitment, community control,
1170 conditional release, parole, provisional release, or control
1171 release or who is supervised by the department under the
1172 Interstate Compact Agreement for Probationers and Parolees. If
1173 the sexual offender is in the custody of a private correctional
1174 facility, the facility shall take a digitized photograph of the
1175 sexual offender within the time period provided in this
1176 subparagraph and shall provide the photograph to the department.
1177 (13)
1178 (b) The sheriff's office may determine the appropriate
1179 times and days for reporting by the sexual offender, which shall
1180 be consistent with the reporting requirements of this
1181 subsection. Reregistration shall include any changes to the
1182 following information:
1183 1. Name; social security number; age; race; sex; date of
1184 birth; height; weight; hair and eye color; address of any
1185 permanent residence and address of any current temporary
1186 residence, within the state or out of state, including a rural
1187 route address and a post office box; if no permanent or
1188 temporary address, any transient residence; address, location,
1189 or description and dates of any current or known future
1190 temporary residence within the state or out of state; name and
1191 address of each school attended; date and place of any
1192 employment; vehicle make, model, color, and license tag number;
1193 fingerprints; and photograph. A post office box shall not be
1194 provided in lieu of a physical residential address.
1195 2. If the sexual offender is enrolled, employed, or
1196 carrying on a vocation at an institution of higher education in
1197 this state, the sexual offender shall also provide to the
1198 department the name, address, and county of each institution,
1199 including each campus attended, and the sexual offender's
1200 enrollment or employment status.
1201 3. If the sexual offender's place of residence is a motor
1202 vehicle, trailer, mobile home, or manufactured home, as defined
1203 in chapter 320, the sexual offender shall also provide the
1204 vehicle identification number; the license tag number; the
1205 registration number; and a description, including color scheme,
1206 of the motor vehicle, trailer, mobile home, or manufactured
1207 home. If the sexual offender's place of residence is a vessel,
1208 live-aboard vessel, or houseboat, as defined in chapter 327, the
1209 sexual offender shall also provide the hull identification
1210 number; the manufacturer's serial number; the name of the
1211 vessel, live-aboard vessel, or houseboat; the registration
1212 number; and a description, including color scheme, of the
1213 vessel, live-aboard vessel, or houseboat.
1214 4. Any sexual offender who fails to report in person as
1215 required at the sheriff's office, or who fails to respond to any
1216 address verification correspondence from the department within 3
1217 weeks after the date of the correspondence, commits a felony of
1218 the third degree, punishable as provided in ss. 775.082,
1219 775.083, and 775.084.
1220 Section 12. This act shall take effect July 1, 2009.